San Antonio Premises Liability Attorney

What is Premises Liability?

Premises liability is the liability (or financial responsibility) property owners have for injuries that occur on their property.

In Texas, people and businesses that own or exercise control over property have legal obligations to keep their premises in a reasonably safe condition, and to take steps to fix or address potential hazards that could hurt visitors. These steps may include fixing or repairing hazards that pose foreseeable risks of injury, blocking access to hazards, implementing protocols or safety standards, or posting adequate warnings, among other reasonable measures.

Unfortunately, property owners, landlords, and property managers routinely fail to take these measures. When their failures result in preventable injuries, property owners may be held liable for resulting damages under premises liability law. 

Premises Liability Cases We Handle

Miller Medical Malpractice has the experience and resources to handle premises liability claims involving all types of accidents and injuries, including:

• Slip and Fall Accidents: These accidents can occur when people slip, trip, or fall due to wet floors, uneven surfaces, or debris on walkways. For example, a customer in a grocery store may slip on a spill that was not cleaned up or marked with a warning sign.
• Inadequate Security: Injuries resulting from criminal acts can occur due to insufficient security measures. If an apartment complex fails to install adequate lighting or secure locks, and a tenant is assaulted or robbed, the property owner may be held liable for the injuries caused by the lack of security.
• Dog Bites: If a property owner’s dog bites a visitor who was lawfully on the property, the homeowner may be liable, especially if the dog had a known history of aggression.
• Swimming Pool Accidents: Injuries around swimming pools often occur due to lack of supervision, absence of safety measures (including no pool fences or lifeguards), or failure to maintain the pool area. Pool owners, contracted workers, and other parties may bear liability for injuries caused by these issues.
• Defective Conditions: Injuries caused by faulty or poorly maintained structures are another common type of premises liability case. An example would be a visitor who is injured by falling down a flight of stairs with a broken handrail or uneven steps. The property owner could be liable for not repairing the dangerous condition.
• Fire Hazards: Property owners can be held liable if someone is injured due to a fire hazard that was not addressed. For example, if a landlord fails to install smoke detectors or repair faulty wiring, leading to a fire, they may be responsible for damages.
• Toxic Exposure: Exposure to hazardous substances, such as asbestos, mold, or toxic fumes, can also result in premises liability claims. If a tenant or visitor becomes ill due to prolonged exposure to these substances because the property owner did not take steps to remediate the problem, the owner could be held liable.
• Amusement Park Accidents: Amusement park operators may be liable for injuries that occur due to malfunctioning rides, inadequate maintenance, negligent security, or lack of proper safety warnings. 

How Do You Prove Liability in a Premises Case?

If you or someone you love were injured because of hazardous property conditions, your ability to recover compensation will depend on proving fault and liability. 

Because premises actions are highly fact-specific matters, the steps to prove liability will look different in every case. Generally, however, plaintiffs must prove a few key elements:

1. Duty of Care: Property owners have a duty to maintain their premises in a reasonably safe condition. The extent of this duty can vary based on the visitor's status, including whether they were an invited guest or customer, a social guest, or a trespasser. While property owners generally owe a minimal duty of care to trespassers, they may have additional responsibilities to secure hazards that constitute “attractive nuisances” (such as swimming pools or machinery) in cases involving child trespassers. 
2. Breach of Duty: The property owner must have breached their duty of care by failing to fix a hazardous condition or failing to provide adequate warnings about the danger.
3. Causation: The breach of duty must have directly caused the injury. There must be a clear link between the hazardous condition and the injury suffered.
4. Damages: The injured party must have suffered actual harm, such as physical injury, emotional distress, or financial loss.

Proving liability in a premises case is no easy task, especially when businesses and insurance companies work aggressively to defend themselves. At Miller Medical Malpractice, we provide the firepower to help clients fight back against powerful defendants, and the resources they need to meticulously investigate their accidents, gather evidence, and build the strongest possible claims.